Indiana Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Indiana Pre-Employment Inquiries (Interviewing): What you need to know

The Indiana Civil Rights Law prohibits employment practices that discriminate on the basis of race, religion, color, sex, disability, national origin, ancestry, or status as a veteran (IN Stat. Sec. 22-9-1-2). The Law applies to all public employers and private employers with six or more employees.
Indiana's Employment Discrimination Against Disabled Persons Law prohibits employers with 15 or more employees from discriminating against a qualified individual with a disability (IN Stat. Sec. 22-9-5-1 et seq.).
The Indiana Age Discrimination Act prohibits discrimination based on age and applies to individuals from 40 years of age to 75 years of age (IN Stat. Sec. 22-9-2-1). The Age Discrimination Act covers employers with one or more employees, but expressly excludes employers that are covered by the federal Age Discrimination in Employment Act (ADEA). The ADEA applies to employers with 20 or more employees, including state and local governments, and prohibits age discrimination against individuals who are at least 40 years of age.
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Off-duty tobacco use. A separate state law prohibits job discrimination based on the use of tobacco products outside the course of employment (IN Stat. Sec. 22-5-4-1). Employers are permitted to implement financial incentives related to employee health benefits provided by the employer. An employer may also use financial incentives intended to reduce tobacco use.
An employer may make an employment inquiry about a protected characteristic only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions ...

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